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Need for a Global Disaster Management Body

Jul. 28, 2020   •   Snehal Asthana

INTRODUCTION

Disasters are of various types- Hydrological Disasters, Atmospheric Disasters, Land Related Disasters, Forest Related Disasters, Geological, and Mass movement Disasters, Wind and Water Driven Disasters, Coastal and Marine Disasters, Technological Disasters and Human Population and Related Disasters. A disaster is not bound by social, economic, political, or geographic boundaries. Whenever any disaster occurs, it impacts and affects all. There has been an increase in the number of natural disasters globally. Therefore there is necessarily a need for a Global Disaster Management body. However, this is not an easy task. It has a lot of challenges with respect to policymaking, strategizing, institutionalizing, and implementation.

INDIAN LEGAL FRAMEWORK FOR DISASTER MANAGEMENT

The Government of India has brought about a paradigm shift in the approach of Disaster Management with the enactment of the Disaster Management Act, 2005. The Government of India has come up with legislation with the objective to provide for requisite institutional mechanisms for drawing up and monitoring the implementation of the disaster management plans to ensure measures by various wings of Government for undertaking a holistic, co-ordinate, and prompt response any disaster situation. Under this Act, the following has to be established-

  • National Disaster Management Authority (NDMA)[1]
  • State Disaster Management Authorities (SDMAs)[2] and
  • District Disaster Management Authorities (DDMAs).[3]

A National Institute of Disaster Management[4] and National Disaster Response Force[5] also need to be constituted. The Constitution of India also poses a responsibility on the Central and State Governments to frame proper disaster management policies and programs a part of their efforts to attain sustainable development. The Supreme Court of India has held that Article 21 is wide enough to include the Right to have a clean and healthy environment[6] and the Right to Sustainable Development in its ambit.[7] Thus, this position emerged from their efforts to attain sustainable development. This position emerged from the Judiciary’s tryst with several tragedies including the man-made disaster in Bhopal.[8]

PRESENT MECHANISM FOR DISASTER MANAGEMENT AT THE INTERNATIONAL LEVEL

Most of the earlier attempts in the standardization of international disaster management came from the International Committee of Red Cross (ICRC). The United Nations General Assembly has passed a number of resolutions that highlight its concern with disaster relief.[9] The following are some of the agencies of UN that are involved in Disaster Management and Relief works-

  • ASEAN Region Forum (ARF)
  • Asian Disaster Preparedness Center (ADPC)
  • Asian Disaster Reduction Centre (ADRC)
  • Global Facility for Disaster Risk Reduction (GFDRR)
  • International Search and Rescue Advisory Group
  • International Search and Rescue Advisory Group (INSARAG)
  • SAARC Disaster Management Centre (SDMC)
  • United Nations Development Programme (UNDP)
  • United Nations Disaster Assessment and Coordination (UNDAC)
  • United Nations Disaster Management Team (UNDMT)
  • United Nations International Strategy for Disaster Reduction (UNISDR)
  • United Nations Office for Disaster Risk Reduction (UNDRR)
  • United Nations Office for the Coordination of Humanitarian Affairs (UNOCHA)

v Other initiatives include-

  • International Decade for Natural Disaster Reduction (1990-1999)
  • International Disaster Response Law Project by IFRCRCS
  • International Strategy for Disaster Reduction
  • Tampere Telecommunication Convention
  • The Geneva Mandate on Disaster Reduction
  • The Yokohama Strategy

Hyogo Framework for Action 2005-2015- It was adopted to work globally towards the sustainable reduction of disaster losses in lives and in the social, economic, and environmental assets of communities and countries. The following are the strategic goals adopted by the same-[10]

a) The more effective integration of calamity risk contemplations into sustainable development approaches, arranging and programming at all levels, with unique accentuation on catastrophe avoidance, alleviation, readiness and vulnerability reduction;

b) The advancement and reinforcing of organizations, instruments, and limits at all levels, specifically at the community level, that can systematically add to building versatility to dangers;

c) The deliberate consolidation of hazard decrease approaches into the plan and usage of crisis readiness, reaction, and recuperation programs in the remaking of affected communities.[11]

v International disaster response operations are increasingly complex. An international regulatory framework already exists to help states manage international aid, but it is still quite dispersed, internally contradictory, and under-utilized. Moreover, few states have comprehensive rules and regulations in their domestic laws for facilitating and overseeing outside assistance.[12] Therefore, there is a dire need for a Global Disaster Management Body.

CHALLENGES FACED IN SETTING A GLOBAL DISASTER MANAGEMENT BODY

The following are some of the challenges faced in setting up international standards and policies for Disaster Management-[13]

a) Impediments of the worldwide community in getting to catastrophe influenced regions because of indistinct or conflicting acts of the government.

b) The bureaucratic obstacles in the casualty country which forestall the facilitation of philanthropic help, including delays for the allowing of visas, the import of alleviation merchandise and equipment, and the utilization of telecommunications.

c) Absence of coordination among the administration, local actors, and worldwide associations.

d) Lack of execution of proper guidelines, quality control, and accountability mechanisms for humanitarian assistance.

e) Lack of information about the culture and social life of the victim population.[14]

SUGGESTIONS AND RECOMMENDATIONS

The following steps should be taken for an effective Global Disaster Management mechanism-[15]

  • A centralized database should be developed
  • Climate Change and Disaster Risk Reduction should be integrated
  • Communication and Connectivity should be there up to the last mile
  • Disaster Risk Reduction should be added as a part of Corporate Social Responsibility (CSR)
  • Early Warning Systems should be developed
  • Emergency Operations Centers (EOCs) should be established
  • Mitigation Plans should be made more effective
  • Response Plans should be there at the National, State and District level
  • The Preparedness Phase should be strengthened
  • There should be effective Capacity Building plans
  • There should be mainstreaming of Disaster Management into the Development Planning Process.

CONCLUSION

Thus, even though an international framework exists for Disaster Management, there are still a lot of loopholes that need to be filled and there should necessarily be the existence of a Global Disaster Management Body for the better and effective formulation and implementation of Risk Reduction strategies and policies at a global level.

This article is authored by Nandini Menon, a 3rd-year student pursuing a 5-year law course [BSW LLB (Hons.)] at the Gujarat National Law University (GNLU).

Disclaimer: The article is an original submission of the Author. Niti Manthan does not hold any liability arising out of this article. Kindly refer to our terms of use or write to us in case of any concerns.


[1] The Disaster Management Act 2005, Chapter II.

[2] The Disaster Management Act 2005, Chapter III.

[3] The Disaster Management Act 2005, Chapter IV.

[4] The Disaster Management Act 2005, Chapter VII.

[5] The Disaster Management Act 2005, Chapter VIII.

[6] Vellore Citizens Welfare Forum v. Union of India [1996] 5 SCC 647.

[7] M.C. Mehta v. Union of India [1997] SCC 715.

[8] Union Carbide Corporation v. Union of India [1990] AIR 273, [1989] SCC (2) 540.

[9] The UN Resolutions like 42/169 of 11 December 1987, 43/202 of 20 December 1988, 44/236 of 22 December 1989, 45/185 of 21 December 1990, 46/149of 18 December 1991, 46/182 of 19 December 1991 and 48/188 of 21 December 1993 etc.

[10] 'Hyogo Framework For Action 2005-2015: Building The Resilience Of Nations And Communities To Disasters' (Unisdr.org, 2005) <https://www.unisdr.org/2005/wcdr/intergover/official-doc/L-docs/Hyogo-framework-for-action-english.pdf> accessed 18 July 2020.

[11] ibid.

[12] 'International Disaster Response Laws, Rules And Principles (IDRL) - IFRC' (Ifrc.org, 2020) <https://www.ifrc.org/en/what-we-do/disaster-law/about-disaster-law/international-disaster-response-laws-rules-and-principles/> accessed 18 July 2020.

[13] Sálvano Briceño, 'Global Challenges In Disaster Reduction' (2004) Vol. 19 The Australian Journal of Emergency Management <https://ajem.infoservices.com.au/downloads/AJEM-19-01-02> accessed 17 July 2020.

[14] Vishnu Konoorayar, 'Disasters: Global Response To The Challenges' (Papers.ssrn.com, 2020) <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=991085> accessed 17 July 2020.

[15] (Undp.org, 2011) <https://www.undp.org/content/dam/india/docs/drm_report.pdf> accessed 17 July 2020.


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